In the course of conducting our information services and technology business worldwide, Digital Dealership collects and processes personally identifiable information of our clients, shareholders, employees, suppliers, business partners, Web site visitors and other persons (Personal Data). Maintaining the integrity and confidentiality of Personal Data and handling it correctly is central to the way we conduct our business activities. This policy describes how we handle Personal Data.
Personal Data is information that can be used directly or indirectly to identify a living individual. Personal Data may include sensitive categories of information, such as information that reveals racial or ethnic origin, political opinions, religious beliefs, trade union membership, health or sexual orientation (Sensitive Personal Data).
This policy applies to Digital Dealership Corporation and its subsidiaries, and is effective as of June 1, 2004. All employees will be required to abide by this policy.
This policy is designed to protect Personal Data under applicable law as it is currently exists. However, Digital Dealership realizes that this policy cannot address every potential issue and circumstance. Therefore, we acknowledge that this policy is subject in all respects to applicable local legal and regulatory requirements and existing agreements and confirm that we will comply with such requirements and existing agreements.
We will observe the privacy principles described below of Notice, Choice/Fair Processing, Access, Security/Integrity, Onward Transfer and Enforcement/Compliance in processing Personal Data.
When we collect and process Personal Data about individuals, we will make certain information available to those individuals on a reasonable and timely basis. This information will include what Personal Data is being collected, who is collecting it, how and for what purposes it is being collected, how it is being used and to whom it will be disclosed.
We will process Personal Data only with consent or when such processing is permitted by applicable law. If we need to process Sensitive Personal Data, we will obtain explicit consent for such processing, unless such processing is permitted by applicable law.
We will not process Personal Data in a manner incompatible with the purposes for which it was originally collected unless later authorized by the affected individuals or allowed by law; we will take reasonable steps to ensure that such data is accurate, adequate, relevant and not excessive in relation to such purposes; and we will not keep such data longer than is necessary for such purposes.
We will enable individuals to choose whether their Personal Data can be disclosed to a third party for direct marketing purposes.
We will allow individuals reasonable access to their Personal Data to verify, correct or delete their data, where inaccurate. We will also provide a means for individuals to exercise all other legal rights that they may have in relation to their Personal Data.
Personal Data will be accessible and processed only by (i) Digital Dealership employees, suppliers, business partners and others who require access for the performance of their obligations to Digital Dealership ; (ii) any person granted access by the individual to whom Personal Data pertains; and (iii) those otherwise authorized by law or court order.
We will take reasonable security procedures through appropriate technical and organizational measures to protect against unauthorized or unlawful access or processing, disclosure, alteration, destruction or accidental loss of Personal Data.
We will utilize reasonable means to keep Personal Data accurate, complete and current in order to protect the quality and integrity of Personal Data, however, we rely on individuals to provide all relevant information and to advise us of any changes to their Personal Data to ensure that it remains accurate, complete and current.
When we transfer Personal Data within Digital Dealership or to third parties (including our suppliers and business partners), we will observe the privacy principles of Notice and Choice (described above), and we will require all the recipients of such data to provide at least the same level of protection for such data as specified by the standards stated in this policy.
We will follow internal processes for handling complaints regarding our management of Personal Data.
We will demonstrate our compliance with this policy by: publishing this policy conspicuously so that it is accessible to all interested persons appointing and maintaining a Privacy Officer with responsibility for developing and implementing a privacy program implementing procedures to execute this policy in the conduct of our business, including training our employees in the use of such procedures and disciplining employees for failure to comply with this policy and its procedures at least annually, reviewing this policy to ensure that it continues to comply with prevailing privacy standards, current applicable law and regulations and existing agreements Digital Dealership Web Sites In addition to all other Personal Data handled by Digital Dealership this policy applies to Personal Data collected through Digital Dealership Web sites. As a convenience to our Web site visitors, we sometimes provide links to other Web sites. These linked sites are not under the control of Digital Dealership, and as such, we are not responsible for their content.
Updating the Policy
Changes in legislation and/or our business activities may require that this policy be updated from time to time.
1) All motor vehicles sold at Stark Auto Sales (hereinafter known as "Starks") are sold "As Is" and are not represented as being in a road worthy condition, mechanically sound, or maintained at any guaranteed level of quality. The motor vehicles may not be fit for use as a means of transportation and may require substantial repairs and expense.
2) There are no warranties or conditions or agreements, express or implied, statutory or otherwise, affecting motor vehicles that are sold at Starks.
3) There are no warranties or representations by Starks with respect to the motor vehicles sold at Starks affecting the rights of the parties, other than those set out in any applicable legislation.
4) Starks is in the business of selling motor vehicles that have been determined to be total losses from an insurance perspective, and therefore some vehicles have sustained damage and are branded. It is the Buyer's responsibility to thoroughly investigate a motor vehicle before bidding and purchasing. Starks does not make any representations as to the fitness and merchantability of any motor vehicle it offers for sale.
5) Starks guarantees for any motor vehicle offered for sale that it is lawfully entitled to sell the motor vehicle and that the motor vehicle, to the best of Starks' knowledge, is free and clear of all liens, charges and encumbrances. Ultimately it is the Buyer's responsibility to confirm that no liens, charges or encumbrances exist prior to repairing, rebuilding and/or reselling a motor vehicle that was purchased at Starks
6) Starks is not liable for any defects, errors, omissions or other discrepancies related to any paperwork originating and or processed by contracted insurance companies, the Ontario Ministry of Transportation, and or other involved third parties.
7) Starks is not responsible and in no way guarantees the provision of any kind of insurance coverage for any of the motor vehicles it sells.
8) Starks employs a Vehicle Purchase Restriction. This means that unless you are a registered motor vehicle dealer, Vehicles may not be purchased for the purposes of resale
9) "Curbsiders", persons who unlawfully sell vehicles to members of the public, are strictly prohibited from purchasing vehicles from Starks at any time, within any forum (general sale or auction). Starks reserves to right to refuse the sale of a vehicle to any person suspected of being a Curbsider.
10) Starks reserves the right and authority to restrict suspected Curbsiders from entering Stark's premises, from remaining on Starks' premises, as well as the right and authority to remove suspected Curbsiders from its premises.
11) A person can only purchase a motor vehicle from Starks, in the auction or otherwise, if the person has been registered with Starks. Persons who wish to register at Starks can do so online or in person, however, Starks will not register a person for live bidding unless they are physically present.
12) Starks reserves the right and discretion to reject or void bids for any reason at any time during an auction. Should a dispute arise involving bids, Starks holds exclusive authority to deal with and resolve such disputes.
13) Starks maintains, at any time and without notice, absolute and sole discretion to withdraw any vehicle from an auction or sale, and to cancel any sale of a vehicle in an auction or otherwise.
14) Title to a vehicle that has been purchased from Starks shall remain with Starks and not pass to the Purchaser until the entire purchase price has been paid in full and until all necessary documentation has been signed and processed. If payment is not made within 72 hours from the date of purchase, Starks may cancel the purchase without notice and without liability. At such a time, Starks may sell such a vehicle and look to the original Purchaser for the balance of the purchase price.
15) Starks reserves the right to apply storage fees, without notice, for any particular motor vehicle or vehicles that have been sold and the 48 hour window to remove the motor vehicle or vehicles has passed.
16) Under no circumstances is any vehicle or purchased vehicle allowed to leave Starks' premises before the particular vehicle has been paid for in full and a gate pass has been issued for the particular vehicle.
17) As mentioned above, it is the Purchaser's responsibility to thoroughly investigate a motor vehicle before bidding and purchasing. It is also the Purchaser's responsibility to confirm that no liens, charges or encumbrances exist prior to repairing, rebuilding or reselling a motor vehicle that was purchased at Starks.
18) Following a purchase of a motor vehicle from Starks, the Purchaser shall not cause or permit any charge, lien or encumbrance, possessory or otherwise, to exist against the purchased motor vehicle until the purchase price has been paid in full.
19) The Buyer agrees to pay all customary auction fees such as 'Buyer fees', 'Transfer fees', 'Administration fees', as well as all applicable taxes for each individual motor vehicle purchased from Starks. Starks reserves the right to alter its fees at any time without notice.
20) It is the Buyer's responsibility to arrange transportation for the vehicle from Stark Auto Sale's premises within 48 hours from the end of auction, or within 48 hours from the time the vehicle was paid for in full.
21) The Buyer takes full responsibility and assumes all risk of loss for all vehicles purchased from Starks, in auction or otherwise, from the time a bid is accepted or the time a vehicle is sold until the said car is removed from Starks' premises.
22) Buyers are responsible for all their online account activity, including but not limited to any and all Proxy Bids and live Bids submitted under the Buyer's account using the Buyer's username and password.
23) Vehicle history reports are produced by a third party provider and then provided by Starks to Purchasers for each motor vehicle purchased. Starks takes no responsibility or liability for any incorrect information displayed in the reports and it is the Purchaser's responsibility to read them.
24) Purchasers of motor vehicles from Starks are strictly prohibited from contacting the previous insured person or persons and owner or owners of the motor vehicle at any time for any reason. Purchasers of motor vehicles from Starks who contact the previous insured or owner violate Ontario privacy laws and Starks reserves the right to bar such Purchasers from buying motor vehicles from Starks at any time without notice.
25) Purchasers who plan to export purchased motor vehicles have 2 months, from the date a motor vehicle has been paid for in full, to bring to Starks the Bill of Lading in order to refund HST. Starks has no obligation to inform the purchaser of this deadline. It is the Purchaser's responsibility to bring in the correct documents within the required time.
26) It is the Purchaser's responsibility to provide Starks with the original Bill of Lading. Starks is not responsible for any consequences faced by Purchasers who fail to present the original Bill of Lading.
27) Persons who enter Starks' yard are doing so at their own risk. The yard is inherently dangerous and caution should always be exercised. Due to this inherent risk, Starks does not take any responsibility and will not be liable for any person who enters the yard.
28) No persons under the age of 18 may enter Starks' yard under any circumstances. Those found accompanying underage persons in the yard, or assisting underage persons to enter Starks' yard, will be banned from Starks' premises for a time period of no less than a year.
39) Motor vehicles belonging to customers of Starks are not permitted to enter Starks' yard at any time for any reason. Those found entering Starks' yard in their motor vehicles will be escorted off Starks' premises immediately.
30) Customers who enter Starks yard are prohibited from taking with them any sort of backpack, bag, satchel, or any other carrying device that could enable motor vehicle parts to be snuck out of Starks' yard.
31) The security team employed by Starks has full authority to stop persons from entering the yard, to stop persons from leaving the yard, to escort persons out of the yard and off Starks' premises, as well as the authority to search persons while in the yard or leaving the yard.
32) Persons who enter Starks' yard are prohibited from crossing any yellow warning/caution tape that has been placed to close off certain prohibited zones. Those persons who are caught in these prohibited zones will be removed from the yard and prohibited to re-enter.
33) Any persons caught stealing from or damaging vehicles that belong to Starks and that are on Starks premises will be arrested and prosecuted to the fullest extent of the law, including but not limited to the theft of keys.